MADAN S/O SHABU Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-9-170
HIGH COURT OF UTTARAKHAND
Decided on September 17,2012

Madan S/O Shabu Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) This judgment will adjudicate all the three petitions titled above, as the same have cropped up out of the submission of a common chargesheet against all these petitioners for the offences under Section 420, 467, 468, 471, 506/120-B IPC, bearing crime no.200 of 2010, on the basis whereof, the petitioners have been asked to put their presence before the court below as a result of submission of the said chargesheet against them.
(2.) Having heard learned counsel for the parties, it transpires that the genesis of dispute is based on a land situated in village Akbarpur Kalson, within the territorial jurisdiction of P.S. Bhagwanpur, District Haridwar. One Kantoo, who died in the year 1993, originally owned this land. It appears that the informer Harpal Singh claimed himself to be an adopted son of deceased Kantoo on the basis of adoption deed executed by deceased during his lifetime way back on 10.6.1991.
(3.) It has been argued that the adoption deed disclosed that Harpal Singh was living with Kantoo since 1981 or 1982 but the adoption deed was executed almost after 8-9 years and that too, without the consent of mother of Harpal Singh. On the other hand, Smt. Sarwati W/o Tungal Singh claimed herself to be the real daughter of Kantoo. Thus, the litigation started between Harpal Singh and Smt. Sarwati on the question of succession of land. The Consolidation Officer decided the matter on 9.6.1998 finding the claim of Harpal Singh a worth one and accordingly, directed the name of his substitution in the relevant revenue records. An appeal was filed by Smt. Sarwati in the court of Settlement Officer (Consolidation), which was adjudicated on 6.9.1999, whereby the judgment of Consolidation Officer was overturned, and the claim of Smt. Sarwati was found to be true. This judgment of appellate court was agitated in a revision before the Deputy Director of Consolidation who adjudicated the same on 10.9.1999 thereby restored the judgment delivered by Consolidation Officer. Smt. Sarawati thereafter filed a writ in Allahabad High Court whereby, as an interim measure, the order passed by the Deputy Director of Consolidation was stayed. The said writ petition is still pending before this Court for adjudication.;


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